Planning Committee (including Former Development Management And Development Quality) - 31/01/2005

At a MEETING of the DEVELOPMENT QUALITY COMMITTEE held at Dundee on 31st January 2005.

 

Present:-

 

Lord Provost John R LETFORD

 

 

 

BAILIES

 

C D P FARQUHAR

John CORRIGAN

Bruce D MACKIE

Helen WRIGHT

Neil I C POWRIE

Ian BORTHWICK

 

COUNCILLORS

 

Kevin KEENAN

Fraser MACPHERSON

Will DAWSON

Julia M STURROCK

Bob DUNCAN

Elizabeth F FORDYCE

Fiona M GRANT

Andrew DAWSON

Roderick A J WALLACE

Christopher HIND

Willie W SAWERS

Charles A WEBSTER

Joe MORROW

Christina ROBERTS

Derek J SCOTT

 

Jim BARRIE

 

 

Councillor Rod WALLACE, Convener, in the Chair.

 

The minute of meeting of this Committee of 17th January 2005 was held as read.

 

Unless marked thus * all items stand delegated.

 

I PLANNING APPLICATIONS

 

(a) 04-00884-FUL LAND TO WEST OF LOONS ROAD AND NORTH OF HIGH STREET, LOCHEE INSTALLATION OF 13.5M SLIMLINE MONOPOLE MAST 3 NO 3G ANTENNA AND ELECTRICAL METER CABINET FOR VODAFONE LTD

 

Bailie Farquhar, seconded by Councillor Hind, moved refusal of the application on the grounds that:-

 

(i) the proposed development was considered to be contrary to Policy BE31 of the Dundee Local Plan 1998 because:

 

(a) it would result in a general proliferation and resultant clutter of telecommunications equipment to the detriment of the visual amenity of the Lochee area; and

 

(b) the applicant had failed to demonstrate that all existing alternative sites could not be the subject of site sharing.

 

There were no material considerations of sufficient strength to justify the granting of planning permission contrary to the policy; and

 

(ii) the proposed development was considered to be contrary to Policy 78 of the Finalised Dundee Local Plan Review 2003 and the approved Supplementary Policies as the applicant had failed to demonstrate that all existing alternative sites could not be the subject of site sharing and that the proposed mast would result in an unacceptable cumulative impact of telecommunications equipment in the Lochee area.

 

As an amendment, the Convener, seconded by Councillor Scott, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation.

 

On a division, there voted for the motion Lord Provost Letford, Bailies Farquhar, Wright, Corrigan, Powrie, Mackie and Borthwick and Councillors Keenan, Sturrock, Hind, Morrow, Macpherson, Duncan, Andrew Dawson, Sawers, Roberts, Barrie, Fordyce, Webster (19); and for the amendment the Convener and Councillors Grant and Scott (3); Councillor Will Dawson declining to vote in terms of Standing Order 34(4) as he was absent during part of the proceedings whereupon the motion was declared carried.

 

(b) 04-00646-FUL - CLOCK TOWER, SHED 25 AND SHED S, CITY QUAY, VICTORIA DOCK, CAMPERDOWN STREET - CONVERSION OF CLOCK TOWER AND SHED 25 TO RESIDENTIAL USE NEW BUILD RESIDENTIAL ON SITE OF SHED S TO PROVIDE 35 DWELLINGS FOR FORTH PROPERTIES DEVELOPMENTS LIMITED

 

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(c) 04-00647-LBC - CLOCK TOWER, SHED 25 AND SHED S, CITY QUAY, VICTORIA DOCK, CAMPERDOWN STREET - CONVERSION AND EXTENSION OF CLOCK TOWER AND SHED 25 AND DEMOLITION OF SHED S FOR RESIDENTIAL DEVELOPMENT FOR FORTH PROPERTIES DEVELOPMENTS LIMITED

 

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(d) 04-00761-OUT - LAND TO SOUTH OF SOUTH VICTORIA DOCK ROAD, DUNDEE - OUTLINE CONSENT FOR RESIDENTIAL DEVELOPMENT FOR FORTH PROPERTIES DEVELOPMENTS LIMITED

 

The Committee acceded to a request for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(e) 04-00786-COU - 87 CHARLESTON DRIVE - CHANGE OF USE FROM LAUNDRY TO HOT FOOD TAKEAWAY FOR MAURICE GOLDEN

 

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(f) 04-00860-FUL - 32 MIDDLEBANK CRESCENT - ERECTION OF A DWELLINGHOUSE IN GARDEN GROUND FOR MRS JOHNSTON

 

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the abovementioned application. After the deputations had stated their cases and answered questions from members of the Committee, they were thanked for their attendance and withdrew.

 

Thereafter, having considered objections received, Bailie Powrie, seconded by Councillor Macpherson, moved deferral of the application to allow discussions between the objectors and the applicant.

As an amendment, Councillor Grant, seconded by the Convener, moved that the application be not deferred.

 

On a division, there voted for the motion Bailie Powrie and Councillors Sturrock, Macpherson, Sawers, Barrie, Will Dawson and Fordyce (7); and for the amendment the Convener, Lord Provost Letford, Bailies Farquhar, Wright, Corrigan, Mackie and Borthwick; Councillors Keenan, Grant, Hind, Morrow, Duncan, Andrew Dawson, Roberts, Webster and Scott (16) whereupon the amendment was declared carried.

 

Thereafter, the Committee approved the application subject to the conditions recommended by the Director of Planning and Transportation and subject to the additional condition that "the pitch of the roof shall be between 38 and 40o to ensure a satisfactory standard of development".

 

(g) 04-00873-FUL - 1-19 VICTORIA ROAD AND 2-22 ALBERT STREET - ERECTION OF 41 FLATS FOR SERVITE HOUSING ASSOCIATION

 

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(h) 04-00877-FUL - LAND TO WEST OF NURSERY, BRUNEL ROAD, WESTER GOURDIE INDUSTRIAL ESTATE - ERECTION OF NURSERY FOR TECHNOTOTS

 

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(i) 04-00925-FUL - 12 BRIARWOOD TERRACE - FORMATION OF A NEW ROOF TO PROVIDE UPPER FLOOR ACCOMMODATION AND ERECTION OF EXTENSION TO NORTH ELEVATION FOR MR AND MRS DAILLY

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(j) 04-00927-COU - 87 HIGH STREET, LOCHEE - CHANGE OF USE FROM BUTCHER'S SHOP TO HOT FOOD CARRY OUT FOR NETHERGATE PROPERTIES LIMITED

 

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed change of use was contrary to Policy LT8 Licensed and Hot Food Premises of the Dundee Local Plan 1998 as the site lies within 30 metres of existing housing and there were no material considerations of sufficient weight to support the granting of planning permission contrary to the policy; and

 

(ii) the proposed change of use was contrary to Policy 53 Licensed and Hot Food Premises Outwith the City Centre of the Finalised Dundee Local Plan 2003 as the site was immediately adjoining existing housing.

 

(k) 04-00947-FUL - LAND NORTH OF KESWICK TERRACE - ERECTION OF 38 RESIDENTIAL UNITS FOR SERVITE HOUSING ASSOCIATION

 

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(l) 04-00951-COU - 32 REFORM STREET - CHANGE OF USE OF ARCADE (CLASS 11) TO BETTING SHOP (CLASS 2) FOR GA ESTATE AGENCY LIMITED

 

After considering objections received, the Committee refused the application on the grounds that:-

 

(i) The proposed development was contrary to Policy 34 City Centre Retail Core of the finalised Dundee Local Plan Review 2003 as it would result in the establishment of an unacceptable Class 2 use within the area.

 

(m) 04-00953-FUL - 6 HARESTANE PLACE - ERECTION OF GARAGE FOR MR S DOWNES

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(n) 04-00959-FUL - 58 GLENPROSEN DRIVE - FORMATION OF A DRIVEWAY FOR MR SORENSEN

 

The Committee acceded to requests which had been received for deputations to address the Committee both in support of and relative to objections to the above mentioned application.

 

After the deputations had stated their cases and answered questions from members they were thanked for their attendance and withdrew.

 

Thereafter, having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(o) 04-00961-COU - LAND SOUTH OF 651 ARBROATH ROAD, BROUGHTY FERRY, DUNDEE - CHANGE OF USE FROM PUBLIC OPEN SPACE TO PRIVATE GARDEN GROUND FOR MR AND MRS ROSS

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(p) 04-00976-COU - 187 STRATHMARTINE ROAD, DUNDEE - CHANGE OF USE FROM RETAIL UNIT (BATHROOM SHOWROOM) TO ARCHITECTS' OFFICE FOR ARKTX CHARTERED ARCHITECTS

 

The Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(q) 04-00982-OUT LAND SOUTH OF 15 CLAYPOTTS ROAD, BROUGHTY FERRY ERECTION OF 1= STOREY DWELLINGHOUSE FOR MR AND MRS WARD

 

After considering objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed development contravened Policy BE4(E) of the adopted Dundee Local Plan 1998 by reason of the erection of a large new house directly in front of the main elevation of the original house and there were no material considerations that would justify the approval of the application contrary to the Development Plan;

 

(ii) the proposed development contravened Policy 15 of the Finalised Dundee Local Plan Review by reason of the departure from the prevailing density in the area (d) and the erection of a large new house directly in front of the main elevation of the original house (e); and

 

(iii) the proposed development would detract from the residential amenities enjoyed by the occupiers of the former coach house at 15 Claypotts Road by reason of the erection of a large new house on higher ground directly in front of and to the south of that house and by reason of the loss of over half its existing private lawn area and in circumstances where the remaining garden area would not be conveniently located for the use of the occupiers of that house.

 

(r) 04-00985-FUL - 33 FINDCHAPEL PLACE, DUNDEE - ERECTION OF METAL FENCING (RETROSPECTIVE CONSENT) FOR MR GRIFFIN

 

Having considered objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(s) SCOTTISH WATER, STOBSMUIR ROAD, DUNDEE REPLACEMENT OF TURF RESERVOIR ROOF WITH MEMBRANE AND GRAVEL FOR SCOTTISH WATER

 

Bailie Wright declared a non-financial interest in this item by virtue of her husband having submitted an objection to the application.

 

After considering objections received, the Committee deferred consideration of the application to allow the Director of Planning and Transportation to consult with Historic Scotland.

 

(t) 04-00994-COU - FILLING STATION, CHARLESTON DRIVE - CHANGE OF USE FROM PETROL FILLING STATION TO SECOND HAND CAR SALES PREMISES FOR JIB LIMITED

 

The Committee acceded to a request which had been received for a deputation to address the Committee in support of the above mentioned application. After the deputation had stated its case and answered questions from members of the Committee it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, the Committee refused the application on the grounds that the proposed development contravened Policy 27 of the Dundee Local Plan 1998 that directs car sales businesses to areas in or adjacent to shopping locations or to industrial land other than prime industrial or business areas and there were no material considerations that would justify the approval of this application contrary to the terms of this policy of the Local Plan.

 

(u) 04-00995-COU - 40 COUPAR ANGUS ROAD, DUNDEE - CHANGE OF USE FROM PUBLIC OPEN SPACE TO ADDITIONAL CAR PARKING SPACE FOR MRS K MARR

 

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the above application. After the deputation had stated its case and answered questions from members of the Committee, it was thanked for its attendance and withdrew.

 

Thereafter, having considered objections received, Bailie Borthwick, seconded by Councillor Sturrock, moved refusal of the application on the grounds that the proposed development would be detrimental to residential amenity by virtue of the loss of open space, noise, traffic and loss of privacy.

 

As an amendment, the Convener, seconded by Councillor Grant, moved approval of the application subject to the conditions recommended by the Director of Planning and Transportation.

 

On a division, there voted for the motion Lord Provost Letford, Bailies Wright, Corrigan and Borthwick and Councillors Sturrock, Hind, Morrow, Duncan, Andrew Dawson, Roberts, Barrie and Fordyce (12); and for the amendment the Convener, Bailies Farquhar and Mackie and Councillors Keenan, Grant, Sawers, Will Dawson, Webster and Scott (9) Bailie Powrie declining to vote in terms of Standing Order 34(4) as he was absent during part of the proceedings whereupon the motion was declared carried.

(v) 04-01005-COU - 297 BROOK STREET, BROUGHTY FERRY - CHANGE OF USE FROM OFFICE TO HOT FOOD TAKEAWAY FOR MR MACKENZIE

 

After considering objections received, the Committee approved the application, subject to the conditions recommended by the Director of Planning and Transportation.

 

(w) 04-01007-COU - UNIT 2, STEWART HOUSE, KINGSWAY EAST - CHANGE OF USE FROM VACANT SITE TO CHILDREN'S INDOOR PLAY CENTRE FOR PATRICK AND CAROLINE GANNON

 

After considering objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed development would contravene Policy EY1 of the adopted Dundee Local Plan 1998 because it would establish a use other than an industrial or business use in a designated General Industrial Area and there were no material considerations that would justify the approval of the development contrary to the provisions of the Development Plan;

 

(ii) the proposed development would contravene Policy LT7 of the adopted Dundee Local Plan 1998 because it would establish a major leisure use in a new out of centre location which had not been allocated under the terms of that policy and there were no material considerations that would justify the approval of the development contrary to the provisions of the Development Plan;

 

(iii) the proposed development would contravene Policy 18 of the Finalised Dundee Local Plan Review because it would establish a major leisure use in a new out of centre location which had not been allocated under the terms of that policy; and

 

(iv) the proposed development would contravene Policy 26 of the Finalised Dundee Local Plan Review because it would establish a non-industrial use outwith Classes 4, 5 and 6 in a General Economic Development Area.

 

(x) 04-01047-FUL - FLATS C AND D, 18 CAMPHILL ROAD, DUNDEE - EXTENSION TO UPPER AND LOWER FLATS FOR E A HADDANOU

 

Having considered objections received, the Committee refused the application on the grounds that:-

 

(i) the proposed development contravened Policy H4 of the adopted Dundee Local Plan 1998 by reason of the proposed finishing material for the walls and the scale and siting of the extension and there were no material considerations that would justify the approval of the application contrary to the Development Plan;

 

(ii) the proposed development contravened Policy BE4(A) and (G) of the adopted Dundee Local Plan 1998 by reason of the scale, siting and proposed finishing materials and its impact on the principal south elevation of the original building and there were no material considerations that would justify the approval of the application contrary to the Development Plan;

 

(iii) the proposed development contravened Policy BE11 of the adopted Dundee Local Plan 1998 by reason of the siting, scale and finishing material of the proposed extension and there were no material considerations that would justify the approval of the application contrary to the Development Plan;

 

(iv) the proposed development contravened Policy 15 of the Finalised Dundee Local Plan Review by reason that the proposed finishing material for the walls and the scale and siting of the extension;

 

(v) the proposed development contravened Policy 15(a) and (f) of the Finalised Dundee Local Plan Review by reason of the scale, siting and proposed finishing materials and its impact on the principal south elevation of the original building;

(vi) the proposed development contravened Policy 61 of the Finalised Dundee Local Plan Review by reason of the siting, scale and finishing material of the proposed extension; and

 

(vii) the proposed development failed to meet the statutory duty set out in Section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act by reason of the sting, scale and finishing material of the proposed extension.

 

II ANN STREET/NELSON STREET SITE PLANNING BRIEF

 

There was submitted Agenda Note AN30-2005 whereby reference was made to Article VIII of the minute of meeting of the Planning and Transportation Committee of 20th December, 2004 wherein it was agreed to refer the abovementioned brief to the Development Quality Committee as a material planning consideration for development purposes.

 

III PLANNING APPEAL DECISIONS

 

There was submitted Agenda Note AN31-2005 advising of the undernoted planning appeal decisions.

 

(a) 1A CARDEAN STREET - FIRST FLOOR EXTENSION TO FUNERAL DIRECTORS' BUSINESS

 

Reference was made to Article 1b of the minute of meeting of the Development Quality Committee of 24th May, 2004 wherein the above proposal was refused planning permission because the Committee considered that the proposal was contrary to Policy H1 of the adopted Dundee Local Plan 1998 due to the potential increase in traffic and parking in the area and that there were no material considerations which would justify exceptional approval. The Director had recommended approval with conditions.

 

The decision was appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997.

 

The Reporter considered the determining issues were the likely impact of the proposal on residential amenity in terms of Policy H1; and, in the event that there would be a material negative impact, whether approval was nonetheless justified by other material considerations.

 

In summary, the Reporter concluded that the appellants' arguments concerning their changing business environment was influential and that the increased resulting activities would be small scale and would not have any material bearing on traffic generation or parking demand. The Reporter was satisfied that there were no issues of overlooking or noise would arise which could not be controlled by conditions. The design was found to be satisfactory.

 

Accordingly the appeal was UPHELD with conditions relating to noise attenuation, the application of opaque glass to a window and the submission of finishing materials.

 

(b) ADVERTISEMENT CANOPY AND SIGNAGE TOWER AA (HALFORDS) UNIT, KINGSWAY WEST RETAIL PARK - ALTERATIONS TO CANOPY HEIGHT AND ERECTION OF SIGNAGE TOWER

 

Reference was made to the decision of the Council on 2nd July, 2004 under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to refuse planning permission because it was considered that the proposed structure would detract from the established visual amenity and harmony of the retail park. The proposed stand-alone feature would not physically relate to any unit and would be detrimental to the visual amenity of the area.

 

The decision was appealed by the applicant under the provisions of Section 47 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997.

 

The Reporter considered the determining issues to be whether the proposals conformed to the provisions of the development plan and, if not, whether an exceptional approval was justified by other material considerations.

In summary the Reporter concluded that the proposals did not conflict with Policy BE6 of the adopted Dundee Local Plan because it would not be unreasonable, given the layout of units in this portion of the Park, for the entrance of this unit to be marked with a separate signage tower.

 

Accordingly, the appeal was UPHELD with a condition requiring the removal of the signage tower should the Halfords unit and associated yard be no longer used as a separate operation.

 

(c) UNIT A1 (TOYS R US) KINGSWAY WEST RETAIL PARK, DUNDEE - ERECTION OF ILLUMINATED SIGNS

 

Reference was made to the decision of the Council on 1st July, 2004 under powers delegated to the Director of Planning and Transportation in consultation with the Convener, to refuse Advertisement Consent for the erection of 4 illuminated signs to be applied to the west, south and east elevations of the building (these signs would have dimensions of 12 x 3 metres or 7 x 2 metres and be positioned 7.4 metres above ground level); and above the entrance gantry (13.7 metres c 3.2 metres and 9.1 metres above ground level). Express consent was refused as being contrary to Policy BE6 of the Dundee Local Plan 1998 and Policy 63 of the Finalised Dundee Local Plan Review as the signage was considered to fail to meet the approved "signage zone" agreement for the Retail Park leading to an adverse impact on amenity.

 

The decision was appealed by the applicant under the provisions of Section 182 and Schedule 4 of the Town and Country Planning (Scotland) Act 1997 and Regulation 21 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

 

The Reporter considered the determining issue to be whether the signage would be contrary to the interests of amenity or public safety.

 

In summary the Reporter concluded, in relation to the elevational signage that these would not be overly dominant or incongruous given the scale of the building and that a similar scale of sign has been erected on an adjacent building. Advertisement Consent was granted in respect of these signs. The sign over the gantry was considered to be injurious to amenity not being comparable to other similar signs throughout the Park and this element of the proposals was refused advertisement consent.

 

Accordingly the appeal was UPHELD IN PART as detailed above.

 

IV BUILDING (SCOTLAND) ACT 1959 - SECTION 13 - DANGEROUS BUILDINGS

 

There was submitted Report No 43-2005 by Director of Planning and Transportation advising members of the action taken in dealing with dangerous buildings during the month of November 2004.

 

The Committee noted the content of the report.

 

 

 

 

ROD WALLACE, Convener.